Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1400

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Anil S/o.Moti Lal Rathore – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 638 of 2022
Decided On : 19-01-2022

Advocates Appeared:
Vishal Sharma, Advocate, Geetanjali Chaurasiya, Advocate

The court has the discretion to suspend a custodial sentence pending the final disposal of an appeal, considering the nature of the crime and the likely duration of the appeal process.

Headnote:
Suspension of Sentence - Criminal Appeal - The court allowed the application for suspension of the custodial sentence of the appellant, subject to the deposit of the fine amount and furnishing a personal bond with a surety, until the final disposal of the appeal.
Fact of the Case:

The appellant was convicted under sections 420 and 471 of the IPC and sought suspension of the custodial sentence, arguing that the imprisonment term was disproportionate to the alleged crime and that the appeal process would take considerable time.
Finding of the Court:

The court found it to be a fit case to suspend the custodial sentence of the appellant and allowed the application, subject to certain conditions.
Issues: The main issue was the suspension of the custodial sentence of the appellant pending the final disposal of the appeal.
Ratio Decidendi: The court considered the disproportionate nature of the imprisonment term and the likely duration of the appeal process in deciding to suspend the custodial sentence.
Final Decision: The court allowed the application for suspension of the custodial sentence, subject to certain conditions, until the final disposal of the appeal.

JUDGMENT

Vivek Rusia, J. - Heard on I.a. No.811/2022, first application for suspension of the jail sentence. The appellant stands convicted as under :

Section & act.	Imprisonment	Fine amount	Imprisonment in lieu of default of payment of fine
420 of the IPC	3 years RI	10,000/-	Three months additional RI.
471 of the IPC	3 years RI	10,000/-	Three months additional RI.

Learned counsel for the appellant submits that the learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Imprisonment for 3-3 years is on the higher side and disproportionate to the alleged crime. The appeal is likely to take a considerable time for its final hearing and if his custodial sentence is not suspended, the application may be rendered infructuous. He, therefore, prayed that the custodial sentence of the appellant be suspended and he be released on bail.

On the other hand, the learned Panel advocate appearing for the respondent/State prays for rejection of the application.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.a. No.811/2022 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Forty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 21.09.2022 and on all such subsequent dates, which are fixed in this behalf.

Record of court below be requisitioned and list thereafter for admission.

C.C. as per rules.

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